Hamilton DUI Consequences Defence
The Consequences of Drinking and Driving in Hamilton, ON
Due to the severe and harsh punishments handed out to Hamilton DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
How To Defend Yourself Against Drunk Driving Consequences in Hamilton
DUI means driving under the influence or as the criminal code defines it, impaired driving. If you have been arrested for drunk driving, then you are sure to face some loopholes in the legal system. However, it is not certain that you will be convicted of drunk driving and hiring a Hamilton DUI Lawyer will come in handy to protect you from any legal implications and DUI consequences.
Understanding The Consequences of Drinking and Driving in Hamilton, Ontario
Driving under the influence of alcohol is considered a serious offence in Hamilton, Ontario and under the Federal Criminal Code. Impaired driving or Over 80 offences are dealt in the strictest manner and the consequences of drinking and driving will have a severe impact on your future.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Hamilton
Types Of DUI Charges:
Consequences Of A DUI:
Hamilton Consequences of Drinking and Driving When You’re Not Criminally Convicted
Impaired driving is an offence that is determined by the amount of alcohol in your blood known as blood alcohol concentration (BAC). In Hamilton, the maximum legal limit for the amount of alcohol in the blood is 80 milligrams of alcohol in 100 milliliters of blood which is 0.08. Any amount above 0.08 is considered as a criminal offence.
Provincial Administrative Consequences for impaired driving are defined according to the amount of Blood Alcohol Concentration.
- Zero BAC law means that certain drivers cannot have any amount of alcohol in their blood. These include drivers aged 21 and under and novice drivers regardless of their age. If you fall under the Zero BAC category and you happen to be caught with an alcohol above Zero limit, your license will be suspended for a period of 24 hours and if convicted the license will be suspended for a period 30 days along with a fine. If you’re a novice driver, the license can get cancelled and you shall have to take all the tests and pay the entire fee again.
- In the case where the BAC test is in the Warn Range (0.05-0.08) or if you fail a Standard Field Sobriety Test, then the consequences for drinking and driving can differ depending on the number of instances. The penalty will increase with every instance of impaired driving.
The first instance of impaired driving includes a three-day roadside license suspension which cannot be appealed followed by an administrative monetary penalty.
The second instance of impaired driving includes a seven-day roadside license suspension which cannot be appealed, a mandatory education program and an administrative monetary penalty.
The third instance of impaired driving includes a thirty-days roadside license suspension, mandatory treatment program, six-month ignition interlock and an administrative monetary penalty.
If your test is above the legal limit of 0.08 or if you refuse a drug or alcohol test or you are deemed impaired following the evaluation of a Drug Recognition Expert then, in that case, you will have to face a 90 days license suspension, an administrative monetary penalty and impoundment of your vehicle for 7 days.
The Post Conviction Consequences of Drinking and Driving in Hamilton, ON
In case you have been criminally convicted of impaired driving the consequences will be much stricter and will increase with every subsequent instance.
At the first instance, there will be a penalty of mandatory education or treatment program, driving a car equipped with an ignition interlock for a minimum of one year, fine and suspension of license for one year. In this first instance, there will be no minimum jail sentence.
At the second instance, you will face a penalty of mandatory education or treatment program, driving a car equipped with an ignition interlock for a minimum of three years, 30 days jail sentence, fine at the discretion of the judge and a license suspension of 3 years is imposed.
Third and subsequent instances
At the third instance and additional instances, there will be a penalty of mandatory alcohol education or treatment program, variable interlock period depending on the previous convictions, 120-day minimum jail sentence, fine at the discretion of the judge and a lifetime license suspension.
How to Protect Yourself From the Harsh Drinking and Driving Consequences in Hamilton
The criminal code sees drunk driving as a serious criminal offence, and the drinking and driving consequences may include:
- Cancellation of license
- Impoundment of vehicle
- Payment of monetary administrative penalty
- Need to attend an education or treatment program
- Imposition of hefty fine
- Ending up with a criminal record
- Spending time in jail
Hamilton DUI lawyer makes sure that you are safeguarded from all these penalties and convictions in the case of a DUI arrest. As one of the most experienced DUI law firm in Hamilton, Ontario we ensure our client’s safety at all instances and we know how to beat a DUI case.
Basic Tips to Avoid Impaired Driving Consequences in Hamilton, Ontario
There are simple ways of avoiding the impaired driving or drunk driving consequences. They include:
- Hiring a driver to get you home whenever you are under the influence of alcohol
- If you are using any prescription medication, you should inquire if they will have any side effects when combined with alcohol.
- Avoid driving even if the alcohol amount consumed is less.
Should you find yourself in a situation where you need a Hamilton DUI Lawyer, then, do not hesitate to contact us. We will safeguard you from all implications and a future free of criminal records.